Supreme Court: State can prosecute tribal members when they’re living on another tribe’s land

  • By Martha Bellisle The Associated Press
  • Sunday, March 22, 2015 12:01am
  • News

By Martha Bellisle

The Associated Press

SEATTLE — The state Supreme Court ruled Thursday that state prosecutors can charge a member of a Native American tribe who is living on another tribe’s land.

The high court’s ruling came in the case of a Yakama Nation man who was living on the Quinault Nation’s reservation.

When Howard John Evans Shale failed to register as a sex offender while living on the Quinault reservation, a Jefferson County prosecutor filed charges against him.

Shale moved to dismiss the charges, arguing the county had no jurisdiction over a tribal member in Indian Country.

But the justices disagreed. Their unanimous ruling said that because Shale was not a member of the Quinault Nation, the state has jurisdiction.

Shale was convicted in 1997 of raping a child younger than 12. Once released from prison, he moved to Seattle, where he registered as a sex offender with the King County sheriff, court records said.

In 2012, a Jefferson County sheriff deputy began investigating whether Shale had moved to that county without registering.

With the help of a Quinault tribal police officer, they determined that Shale had been living on the Quinault Reservation by dividing his time between two family homes.

The Jefferson County prosecutor charged Shale with failure to register.

A state judge agreed, saying the law “carved out from state authority only ‘Indians when on their tribal lands,’ not tribal members while on another tribe’s land,” the justices wrote.

Shale appealed, arguing that he was a member of a federally recognized tribe and the offense was on the Quinault Reservation.

Citing U.S. Supreme Court rulings, the state justices said tribal courts do not have jurisdiction over members of other tribes and the state does not have jurisdiction over members of Quinault Nation members while on their reservation.

Taken together, because Shale is not a member of the Quinault Nation, the state can charge him with crimes.

More in News

Crew members from the USS Pomfret, including Lt. Jimmy Carter, who would go on to become the 39th president of the United States, visit the Elks Lodge in Port Angeles in October 1949. (Beegee Capos)
Former President Carter once visited Port Angeles

Former mayor recalls memories of Jimmy Carter

Thursday’s paper to be delivered Friday

Peninsula Daily News will have an electronic edition on… Continue reading

Counties agree on timber revenue

Recommendation goes to state association

Port of Port Angeles, tribe agree to land swap

Stormwater ponds critical for infrastructure upgrades

Poet Laureate Conner Bouchard-Roberts is exploring the overlap between poetry and civic discourse. (Elijah Sussman/Peninsula Daily News)
PT poet laureate seeks new civic language

City library has hosted events for Bouchard-Roberts

Five taken to hospitals after three-car collision

Five people were taken to three separate hospitals following a… Continue reading

John Gatchet of Gardiner, left, and Mike Tabak of Vancouver, B.C., use their high-powered scopes to try to spot an Arctic loon. The recent Audubon Christmas Bird Count reported the sighting of the bird locally so these bird enthusiasts went to the base of Ediz Hook in search of the loon on Sunday afternoon. (Dave Logan/for Peninsula Daily News)
Bird watchers

John Gatchet of Gardiner, left, and Mike Tabak of Vancouver, B.C., use… Continue reading

Forks schools to ask for levy

Measure on Feb. 11 special election ballot

Jefferson County commissioners name Pernsteiner acting sheriff

Jefferson Democrats to nominate three interim candidates

State commission fines fire commissioner

PDC says Kraft owes more than $4,600

Marine Center receives $15 million

Funding comes from Inflation Reduction Act

Port Townsend creates new department to oversee creative district

Melody Sky Weaver appointed director of Community Service Department